High Court refuses capped cost order for English corporate defendant in...
Cavanagh J (unusually assisted by Brown J, who has extensive experience in cost orders) last week in Thomas & Ors v PGI Group Ltd [2021] EWHC 2776 (QB) refused to grant a ‘Capped Cost Order’ or CCO...
View ArticleThe UK Supreme Court in Brownlie (II). With the tort jurisdictional gateway...
I have posted before on the Brownlie v Four Seasons litigation, please refer to the earlier post for context. The case revolves around whether courts should hear cases where the only damage sustained...
View ArticleDooley v Castle. On Gibraltar, the Brussels Convention and trust management...
After Eastern Pacific Chartering Inc v Pola Maritime Ltd, judgment in Dooley & Ors v Castle Trust & Management Services Ltd [2021] EWHC 2682 (Comm) is the second recent case to apply the 1968...
View ArticleCourt Amsterdam on the impact of the lex fori prorogati’s consumer laws for...
I am catching up a little on recent case-law and am focussing it seems on the consumer section (see also yesterday’s post). This Court Amsterdam judgment published on 8 September caught my eye for it...
View ArticleConsumer contracts, settlements and choice of court ‘after the dispute has...
I discussed settlement agreements viz Brussels Ia’s protected categories before, in particular in my review of Yukos v Merinson. Choice of court between consumers and employees one the one hand, and...
View ArticleThe Brazilian orange juice cartel: successful claimants on among others...
Viegas & Ors v Cutrale & Ors [2021] EWHC 2956 (Comm) (05 November 2021) concerns an alleged cartel between several Brazilian companies which produce orange juice, including Sucocítrico Cutrale:...
View ArticleSilverman v Ryanair. The High Court unconvincingly on the Montreal...
In Silverman v Ryanair DAC (Rev1) [2021] EWHC 2955 (QB), claimant was injured whilst going down stairs at an airport terminal in England. The claim is subject to EU private international law....
View ArticleO’Loan and Scott v MIB and AIG. On the meaning of ‘the tort’ in Article 4(3)...
O’Loan and Scott v MIB and AIG (Fintan O’Loan and Elisabeth Scott v Motor Insurance Bureau and AI Europe SA) involves the same Loi Badinter that was also the subject of Marshall v MIB. I was alerted to...
View ArticleA4(4) Rome ‘s ‘proper law of the contract’ discussed under retained EU law in...
Ditto Ltd v Drive-Thru Records LLC [2021] EWHC 2035 (Ch) discusses the contract and tort gateways for jurisdiction in England and Wales (they need to be met for claimant to hold onto an earlier granted...
View ArticleA further instalment in the Prestige litigation. The Court of Appeal largely...
London Steam-Ship Owners’ Mutual Insurance Association Limited v Kingdom of Spain & Anor (M/T ‘Prestige’ Nos. 3 and 4) [2021] EWCA Civ 1589 is yet another judgment in the Prestige series on which I...
View ArticleLloyd v Google. More on the tort gateway and ‘damage’ under data protection law.
The UK Supreme Court in Lloyd v Google [2021] UKSC 50 held a few weeks back. It allowed the appeal, meaning the Court of Appeal‘s judgment is no longer good law and the High Court‘s approach is now the...
View ArticleRobbins v Buzzfeed. Irish High Court judgment on A7(2) jurisdiction for...
I am trying to catch up with blog posts this week and Robbins v Buzzfeed UK LTD (Approved) [2021] IEHC 433 goes back to the start of exam time at Leuven (early June). Claimant resides in California and...
View ArticleJames Finlay business and human rights suit potentially puts forum non...
I posted the Tweet below in October, and am posting mostly to report that I do not as yet have more to go by. The suit is against James Finlay and follows in the footsteps of one brought in 2017,...
View ArticleParis Court of Appeal reverses ruling on arbitrators’s liability: holds it...
I did say I was mopping up the queue this week so here’s a post reminding us of the Paris Court of Appeal overturning an earlier judgment which had held that an arbitrator’s liability falls within...
View ArticleSánchez-Bordona AG in ZK v BMA on applicable law for the Peeters Gatzen...
Sánchez-Bordona AG opined at the end of October on the law applicable to the Peeters /Gatzen suit (of Nk v BNP Paribas fame) in Case C‑498/20 ZK, in his capacity of successor to JM, insolvency...
View ArticleThe applicable law for design infringement. Szpunar AG in Acacia v BMW.
First Advocate-General Szpunar opined a the end of October in C-421/20 on the law applicable to a damages suit following infringement of Community Design rights. No English edition of the Opinion is as...
View ArticleMann v TUIP. Foreign parties reminded of the need to seek proper legal...
Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2021] EWHC 2913 (QB) showcases the recalcitrance which parties can still demonstrate to object to service despite the EU Service Regulation...
View ArticleHeslop v Heslop. A reminder of the constraints of the Moçambique rule for...
Heslop v Heslop & Anor [2021] EWHC 2957 (Ch) essentially queries whether Deceased testator actually had any estate or interest in Jamaican Property which she could pass by will. Under the...
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The CJEU in Hrvatske Šume on contract or tort re claims of unjust enrichment....
The CJEU held this morning in C‑242/20 Hrvatske Šume. Gilles Cuniberti already has a summary of the judgment here and I reported on the AG Opinion here. The Opinion was in essence confirmed. Of first...
View ArticleThe CJEU holds back on vis attractiva securalia in Betty Tattersal (re: the...
I cross-referred to the pending preliminary review in C-708/20 Betty Tattersall in my review of Flowers v Centro Medico. The CJEU held this morning in Betty Tattersall (which also means the Flowers...
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